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Apr 20, 2013
04/13
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certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed to her they have identified the identity. it is the younger brother suspect number two that is in custody. now they say federal officials have verifieded the identity. the official i communicated with said in custody, unspecified medical needs. they are now sweeping the area. >> bryan, what are you seeing. what did you see go down? >> anderson we just observed the scene from a rooftop probably 500-yard away from the backyard area. it had calmed down but we did see some police activity in the backyard. flashlights moving around. a police chopper had ret
certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed...
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Apr 20, 2013
04/13
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a justice department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after the attack on the boston marathon. in the address obama emphsized that "the world witnessed one sure and steadfast truth: americans refuse to be terrorized." >> ultimately, that's what we'll remember from this week. that's what will remain. stories of heroism and kindness; resolve and resilience; generosity and love. in the days to come, we will remain vigilant as a nation. and i have no doubt the city of boston and its surrounding communities will continue to respond in the same proud and heroic way that they have thus far - and their fellow americans will be right there with them every step of the wa
a justice department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after...
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Apr 20, 2013
04/13
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they believe that -- the feds actually, when they took him in, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. >> martha: all right. so there you have that. let's bring in fox news legal analyst peter johnson, jr. peter, welcome. >> how are you? >> martha: that's the u.s. attorney on this case in boston. she says it's too early to talk about death penalty. >> i was really surprised and disturbed as an american and as a lawyer in watching that last night. you couldn't think of a more weak insip mid remark that she was making. the charges that will be filed in this case, i haven't seen them, but i can approximate what
they believe that -- the feds actually, when they took him in, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is...
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Apr 20, 2013
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certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they are now sweeping that scene to make sure there are no additional risks. >> bri
certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john...
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Apr 20, 2013
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>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms of whether or not to seek the death penalty you review all of the evidence. it's a very thoughtful, long process that is engaged. it's the attorney general of the department of justice that makes the final decision. >> commissioner -- >> i'm sorry. >> -- straight to the boat. can you or the colonel talk about what happened. was he moving around? how did you know it was a chance to take him into custody? >> we know he didn't go straight to the boat. when we set up the perimeter with the best intentions with a lot of information, we found blood in the car he abandoned,
>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms...
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Apr 20, 2013
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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Apr 22, 2013
04/13
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MSNBCW
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that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration violations and they apparently are friends of tamerlan tsarnaev. can you tell me any more about that? >> these are people, i presume he is talking about people detained in new bedford, massachusetts on friday evening. the fbi has been trying to investigate whether they had any knowledge of this. whether they had any role in it. they seem to have concluded that they don't. but they're being held for now on immigration charges pending further investigation. >> and before i let you go, i know you have more to cover. 2009, this police report of tamerlan tsarnaev being arrested on domestic violence allegations. that has bee
that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration...
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Apr 20, 2013
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. >> was there no miranda warning given? >> there is a public safety exception in case its separate security or act of terrorism. these widely believed that the suspect has been taken to an a hospital. what i indicated earlier that this is an active and ongoing situation. this is a very awful long process and ongoing investigation. >> can you talk to us a little bit about the suspect? >> we know that he did not go straight to the boat. we took the best intentions for what what information was given. we had no information it was very chaotic early this morning, we had a police officer that was shot and bleeding. so there was a lot of things going on. but he had to be moving an little bit because he was a behind the house for a certain period of time. >> were you all watching when he was moving all around? >> we have bay was called a forward looking device that picked up the heat signature even though he was our he was covered in shrink wrap. the helicopter was able to direct the team to that area. it was outside the perimeter
. >> was there no miranda warning given? >> there is a public safety exception in case its separate security or act of terrorism. these widely believed that the suspect has been taken to an a hospital. what i indicated earlier that this is an active and ongoing situation. this is a very awful long process and ongoing investigation. >> can you talk to us a little bit about the suspect? >> we know that he did not go straight to the boat. we took the best intentions for...
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Apr 20, 2013
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was told there was an exchange of gunfire, i was not there when he was taken out of the boat. >> no miranda warning, do you want to explain that to us. >> that is a federal issue.
was told there was an exchange of gunfire, i was not there when he was taken out of the boat. >> no miranda warning, do you want to explain that to us. >> that is a federal issue.
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Apr 21, 2013
04/13
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supreme court has recognized a limited exception to it's miranda ruling when police or the public are in imminent danger. >>> a new folk hero has emerged out of the terrible weekend. his name is dave hannaberry. he is the guy who found the suspect in his boat in his backyard. the internet is all abuzz to send him a giant thank you gift. here's abc news reporter gio. >> it's the now famous little boat that kept a big secret. the unlikely hideout for america's most wanted man. and this is the boat's owner. david hannaberry, a man now called the hero for finding the suspected marathon are bomber and calling 911. >>water town's chief of police was at the scene. >> what happened when your officers arrived? >> there was a shooting. >> that shooting so damaged the boat. >> his neighbors said, >> he's completely shocked, and he says my poor boat, my poor boat. he's taken care of that boat meticulously since he had it and now it's full of holes. >> now a digital show of support. people from all over the nation are turning to social media sites like facebook raising money to buy him a new boat.
supreme court has recognized a limited exception to it's miranda ruling when police or the public are in imminent danger. >>> a new folk hero has emerged out of the terrible weekend. his name is dave hannaberry. he is the guy who found the suspect in his boat in his backyard. the internet is all abuzz to send him a giant thank you gift. here's abc news reporter gio. >> it's the now famous little boat that kept a big secret. the unlikely hideout for america's most wanted man. and...
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Apr 20, 2013
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they have yet to question him but will not read his miranda rights first because of a public safety inspection. his statements will be used as evidence when there is a reasonable need to protect the public from immediate danger. >>> from boston to big sur there is a link that ties to the big sur marathon. along highway 1 and carmel, organizers were in boston when the explosions happened. david louie explained they are now preparing to beef up security. >> 400 runers from the boston marathon are part of a group that will do back-to-back races. a week from sunday they will be running the big sur international marathon. race director was near the finish line when the devices exploded. >> knowing what it was and how crowded the area what it was, gutted check reaction, this is not good. >> the tragedy could have caused them to cancel plans but it hasn't happened. >> there is more determination than ever. there were many part of this special group of people, 400 entrants who are part of the boston and big sur challenge, more determination to come to big sur and finish the race. security will be rais
they have yet to question him but will not read his miranda rights first because of a public safety inspection. his statements will be used as evidence when there is a reasonable need to protect the public from immediate danger. >>> from boston to big sur there is a link that ties to the big sur marathon. along highway 1 and carmel, organizers were in boston when the explosions happened. david louie explained they are now preparing to beef up security. >> 400 runers from the...
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Apr 21, 2013
04/13
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if or when he is, he will not be read his miranda rights. his surrounding days of terror in boston and party town. they did everything to capture him live after his brother was killed in a blazing shootout with police friday. from the white house down -- or thursday down, rather. from the white house down the priority is to learn the motives of the two brothers who they say are responsible for the attack at the marathon. he was captured friday night and taken to the hospital. but once he is a conscious, a special team of agents will question him without telling him he has right to remain silent or the right to have a lawyer for about 50 minutes. it's a special exemption. >> we will determine what happened. we will investigate any associations that these terrorists may have had. >> there there is a public safey exemption in cases of national security and charges involving acts of terrorism so the government has that opportunity. >> meanwhile hundreds of people honored m.i.t. police officer sean colyer, who was shot to death in his cruiser thu
if or when he is, he will not be read his miranda rights. his surrounding days of terror in boston and party town. they did everything to capture him live after his brother was killed in a blazing shootout with police friday. from the white house down -- or thursday down, rather. from the white house down the priority is to learn the motives of the two brothers who they say are responsible for the attack at the marathon. he was captured friday night and taken to the hospital. but once he is a...
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Apr 21, 2013
04/13
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this rule is used to question terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda rights is further complicated because the u.s. is a u.s. citizen. many of the rules cannot be used on americans. live in the newsroom, katie utehs. ktvu news. >>> people are in texas are being allowed in their homes. curfew is still in effect and there is limited water and electricity. many are still trying to learn the condition of family and friends hurt in the explosion. >> it's really hectic, but we are patient because we know the extent of damage on the other side. and we got friends and family that we don't know about over there. >> 14 people died in the fertilizer plant exp
this rule is used to question terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda...
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Apr 23, 2013
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KRON
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there's a big to do about the miranda rights and violations. the only problem with the miranda rights is that you would not be able to use a confession. investigators and prosecutors are trying to find out if there other people involved. i don't think iran that is an issue in this case. >> their lot of people that are upset that what him tried as a military combatant but he as an american. >> the good news is the constitution still applies, even for people that we hate and are terrorists. this system has worked pretty well so far so i would not worry about that. >> wise as a federal case and not a state case? >> that are actually both. there are dual you may have a situation where the state prosecute them and there is a federal prosecution. this means this case will go on for years and years. the big difference is under federal law there is the death penalty. for those that want that, the only way to get that is a federal prosecution. >> what are they saying as far as our government's abilityguys just acted on their all. it is more embarrassing
there's a big to do about the miranda rights and violations. the only problem with the miranda rights is that you would not be able to use a confession. investigators and prosecutors are trying to find out if there other people involved. i don't think iran that is an issue in this case. >> their lot of people that are upset that what him tried as a military combatant but he as an american. >> the good news is the constitution still applies, even for people that we hate and are...
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Apr 22, 2013
04/13
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>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an argument that's going to be handed to this defendant's defense attorney when that time comes. there have been contradictory statements made that there is no public threat, there is no ticking bomb, thank goodness, apparently, based on what we know so far. so we're giving them an argument to use later. >> the issue is, the questioning that's permitted without miranda is very narrow in scope, correct? >> yes. it's about what the public threat is. it's not all of theasis and the background and the motive questions. >> that's what brings me to this issue that's percolating in washington now. there are some nationa
>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an...